LEGAL PRACTITIONERS QUALIFYING EXAMINATION.

NOVEMBER 1997 MARKS 100 TIME 3 HOURS

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EXAMINER'S NOTE.
1/ Amendments to the Regulations to the Estates Act are in the
pipeline and may or may not have been promulgated prior to the
examinations. Answers should however, where necessary, be in
terms of the Regulations prior to such amendment.

2/ Candidates should make use of their own facts where necessary.

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QUESTION 1. [57]

The following are the relevant facts in the estate of the late Isaac Cohen
who died on 15 March 1997.

1/ The joint will of the deceased and his surviving spouse, which was
accepted by the Master, reads as follows:

"We mass our respective estates and bequeath our joint estate as
follows subject to the usufruct of the survivor of us:

i/ We bequeath our fixed property situated in Windhoek to our sons

Andrew and Paul.

ii/ The residue of our estate we bequeath in equal shares to the

surviving spouse and our children Mary, Joseph and Samuel."

iii/ We nominate our son Joseph as Executor of our estate.

2/ On his death the deceased left the following family:

i/ His wife Rachel to whom he was married out of community of

property.
ii/ His step-son Joseph, son from his wife's previous marriage.
iii/ His daughter Mary, married out of community of property to Abe
Marcus.
iv/ His son Paul.
v/ His son Samuel,
vi/ His minor grand-daughter Mara, daughter of his predeceased son
Andrew.

3/ The surviving spouse repudiated the will.

4/ The deceased's estate consisted of:

i/ Fixed property situated in Windhoek valued at $400 000.00.

ii/ Cash and cash investments realised amounted to $900 000.00
iii/ Liabilities and administration expenses totalled $100 000.00
(a). Draft the covering letter to the Master enclosing the documents
necessary to report the estate and the appointment of Executor.
(6)

(b). Draft the repudiation of the will by the surviving spouse.

(
16)

(c). Draft an application for extension for the lodgement of the account
that was due on 31 October 1997.
(7)
(d). List ALL the administration expenses that will be reflected in the
administration account.
(8)

(e). Draft the distribution account.

(
20)

QUESTION 2. [10]

Discuss fully the concept "colatio".

QUESTION 3. [7]

(a) State the various statutes in terms of which estates in Namibia are
administered.

(b) Which estates are administered under which statute.

QUESTION 4. [26]

(a) Draft the following terms which your client has instructed you to
include in his will:

i/ Your client and his wife are spouses requiring a mutual will.
They want massing to take place in respect of their immovable
properties and that their son is to obtain a vested right at
the death of the first-dying but full ownership to be obtained
only at the death of the survivor.

ii/ That the legal capacity of a major heir in respect of an

inheritance will not be limited by any person nor will any
person have control thereof.
(13)

(b) i/ Draft the certificate to a will of a testator who signed

with a "mark".

ii/ If the will ends at the foot of the last page, where must the
certificate appear? Can it be typed in the margin? Give
authority for your answer.
(13)